The Commission on Capital Cases updates this information regularly. This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
JONES, Victor Tony (B/M)
DOB: 05/01/61
Eleventh Judicial Circuit, Dade County Case # 90-50143
Sentencing Judge: The Honorable Rodolfo Sorondo, Jr.
Attorney, Trial: Edward Art Koch – Assistant Public Defender
Attorney, Direct Appeal: Nancy Wear – Special Assistant Public Defender
Attorney, Collateral Appeals: William Hennis & Chris Taylor – CCRC-S
Date of Offense: 12/19/90
Date of Sentence: 03/01/93
Circumstances of Offense:
On 12/19/90, the bodies of Matilda Nestor, 66, and Jacob Nestor, 67, were found in their place of business. Victor Tony Jones, a new employee of the business, was found slumped over the couch in the main office, with a .22 caliber automatic pistol under his arm. Matilda Nestor was found in the bathroom, with a stab wound in the back, and Jacob Nestor was found in the main office, with a stab wound to the chest.
According to the evidence, Jones stabbed Matilda Nestor as she was entering the bathroom and stabbed Jacob Nestor as he came toward the bathroom from the main office. Jacob Nestor retreated to the main office after being stabbed, where he tried to call for help. He then pulled his .22 caliber pistol from his holster and shot at Jones five times, hitting him once in the forehead. The money and personal property of the Nestor’s was found in Jones’ pockets.
Jones was found by police, who were summoned by a neighbor of the Nestor’s. When he was asked what happened, Jones replied, “The old man shot me.” Jones was taken to the hospital, where he told a nurse that he had to leave because he had “killed those people.” When asked why, Jones responded, “They owed me money and I had to kill them.”
Additional Information:
Jones was released from prison on conditional release on 11/27/90, prior to the Nestor murders.
On 02/11/93, a competency hearing was held and Jones was found to be competent.
After Jones amended his first 3.850 Motion on 03/09/99, an evidentiary hearing was held and Jones was again found to be competent.
During his 3.850 Motion Appeal, jurisdiction was relinquished to the Circuit Court for a mental retardation determination on 03/08/05. An Evidentiary Hearing was held in the Circuit Court on 11/14/05 and 01/10/06, and on 02/24/06, the Circuit Court determined that Jones was not mentally retarded.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
03/23/1987 |
BURGUNOCCSTRUC/CV OR ATT. |
12/11/1987 |
MIAMI-DADE |
8709733 |
5Y 0M 0D |
|
04/17/1987 |
BURGUNOCCSTRUC/CV OR ATT. |
12/11/1987 |
MIAMI-DADE |
8712591 |
5Y 0M 0D |
|
07/23/1987 |
BURGUNOCCSTRUC/CV OR ATT. |
12/11/1987 |
MIAMI-DADE |
8723834 |
5Y 0M 0D |
|
12/12/1989 |
BURGLARY,ARMED W/EXP. OR WEAPO |
01/09/1990 |
MIAMI-DADE |
8947989 |
4Y 6M 0D |
|
12/12/1989 |
ROBB. GUN/DEADLY WPN |
01/09/1990 |
MIAMI-DADE |
8947989 |
4Y 6M 0D |
|
12/12/1989 |
THREATENS TO USE ANY FIREARM |
01/09/1990 |
MIAMI-DADE |
8947989 |
4Y 6M 0D |
|
12/12/1989 |
MARIJUANA-POSSESS |
01/09/1990 |
MIAMI-DADE |
8947989 |
4Y 6M 0D |
Prior Community Supervision History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
12/12/1989 |
BURGLARY,ARMED W/EXP. OR WEAPO |
01/09/1990 |
MIAMI-DADE |
8947989 |
3Y 6M 16D |
|
12/12/1989 |
ROBB. GUN/DEADLY WPN |
01/09/1990 |
MIAMI-DADE |
8947989 |
3Y 6M 16D |
|
12/12/1989 |
THREATENS TO USE ANY FIREARM |
01/09/1990 |
MIAMI-DADE |
8947989 |
3Y 6M 16D |
|
12/12/1989 |
MARIJUANA-POSSESS |
01/09/1990 |
MIAMI-DADE |
8947989 |
3Y 6M 16D |
Trial Summary:
01/11/91 Indicted as follows:
Count I: First-Degree Murder (Matilda Nestor)
Count II: First-Degree Murder (Jacob Nestor)
Count III: Armed Robbery (Matilda Nestor)
Count IV: Armed Robbery (Jacob Nestor)
Count V: Possession of a Firearm by a Felon
11/25/92 Court granted Motion to Sever Count V
03/04/92 State nolle prossed Count V
02/01/93 Jury returned guilty verdicts on all counts of the indictment
02/12/93 Jury recommended death by votes of 10-2 (Matilda Nestor) and 12-0
(Jacob Nestor)
03/01/93 Sentenced as follows:
Count I: First-Degree Murder (Matilda Nestor) – Death
Count II: First-Degree Murder (Jacob Nestor) – Death
Count III: Armed Robbery (Matilda Nestor) – Life
Imprisonment
Count IV: Armed Robbery (Jacob Nestor) – Life
Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 81,482
652 So. 2d 346
03/26/93 Appeal filed
01/12/95 FSC affirmed convictions and sentences
03/31/95 Rehearing denied
05/03/95 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 95-5067
516 U.S. 875
06/28/95 Petition filed
10/02/95 USSC denied petition
Circuit Court – 3.850 Motion
CC# 90-50143
03/24/97 Motion filed
03/09/99 Motion amended
10/08/99 Motion amended
03/08/01 CC denied 3.850 Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 01-734
855 So. 2d 611
04/06/01 Appeal filed
05/08/03 FSC affirmed denial of 3.850 Motion
09/11/03 FSC substituted a revised opinion
09/11/03 Rehearing denied
10/13/03 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 02-605
855 So. 2d 611
03/15/02 Petition filed
05/08/03 FSC denied petition
09/11/03 FSC substituted a revised opinion
09/11/03 Rehearing denied
10/13/03 Mandate issued
Circuit Court – 3.850 Motion
CC# 90-50143
06/18/03 Motion filed
01/16/04 CC denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-726
966 So. 2d 319
04/26/04 Appeal filed
05/24/07 FSC affirmed denial of motion
10/10/07 Mandate issued
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 07-22890
(Pending)
11/06/07 Petition filed
Circuit Court – 3.850 Motion
CC# 90-50143
11/24/10 Motion filed
02/04/11 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 11-474
(Pending)
03/09/11 Appeal filed
Factors Contributing to the Delay in Imposition of Sentence:
Jones’ first 3.850 Motion was pending for four years, from 03/24/97 – 03/08/01.
Case Information:
Jones filed a Direct Appeal with the Florida Supreme Court on 03/26/93, citing the following errors: denying a motion for judgment of acquittal; failing to instruct the jury that it had to consider two similar aggravating factors as one; rejecting mental or emotional disturbance as a mitigating factor; failing to bring up the possibility that Jones suffered from fetal alcohol syndrome; and failing to grant a motion for mistrial based on improper comments by the prosecutor. On 01/12/95, the convictions and sentences were affirmed.
Jones filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/02/95.
Jones filed a 3.850 Motion with the Circuit Court on 03/24/97 that was amended on 03/09/99 and 10/08/99. On 03/08/01, the 3.850 Motion was denied.
Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/06/01, citing ineffective assistance of counsel. On 05/08/03, the denial of the 3.850 Motion was affirmed. On 09/11/03, a revised opinion was substituted.
Jones filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/15/02, citing ineffective assistance of counsel and the unconstitutionality of Florida’s death penalty statute under the U.S. Supreme Court ruling in Ring v. Arizona. On 05/08/03, the Petition was denied. On 09/11/03, a revised opinion was substituted.
Jones filed a 3.850 Motion with the Circuit Court on 06/18/03 that was denied on 01/16/04.
Jones filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/26/04, citing errors in determining that Jones is not mentally retarded. On 05/24/07, the FSC affirmed the denial of the motion. A mandate was issued on 10/10/07.
Jones filed a Petition for Writ of Habeas Corpus with the United States District Court on 11/06/07 that is currently pending.
Jones filed a 3.850 Motion with the Circuit Court on 11/24/10. This motion was denied on 02/04/11.
Jones filed a 3.850 Appeal with the Florida Supreme Court on 03/09/11. This appeal is currently pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/29/93 0 LYING TO STAFF UNION C. I.
________________________________________________________________________
Report Date: 07/13/04 JFL
Updated: 03/24/11 CAR